171BSafety in the diving area

171B Safety in the diving area

(1) At each place of diving, before the beginning of a diving operation included in a diving project, a person conducting a business or undertaking who is directly involved with the operation must ensure that all divers and other workers who will be engaged in the diving operation are aware, and that there is a copy available to them, of the following: (a) the instrument by which the diving supervisor for the operation was appointed under regulation 172A; (b) the accepted DSMS that covers the diving project; (c) the conditions (if any) on the acceptance of the DSMS; (d) the approved diving project plan for the diving project.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier H monetary penalty.

(2) At each place of diving, before a diving operation begins, a person conducting a business or undertaking who is directly involved with the operation must ensure that all divers and other workers who will be engaged in the diving operation are aware of the following for each dive included in the operation: (a) the tasks and duties of each person involved with the dive; (b) the diving equipment, breathing gases and procedures to be used in the dive; (c) the dive time, bottom time and decompression profile for the dive.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier H monetary penalty.

(3) A diver or other worker engaged in a diving operation must comply with: (a) a direction under subregulation 172B(3) given to the diver or other worker by a diving supervisor for the diving operation; and (b) an instruction under subregulation 172B(5) told to the diver or other worker by a diving supervisor for the diving operation.

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.